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HomeMy WebLinkAboutAgenda Report - March 16, 1983 (35)AcIenda 1item K-3 - "Discussion of request for modification of eenent was introduced by Public Works Director Ronsko who Presented a diagram of the subject area. Stewart C• Adams, Jr., 816 behalf of his r Evert Court, Lodi, spoke on Posed request and responded to questions as were by the Council. A lengthy discussion follwed with questions being directed to Staff and to Mr. Adams. Council Member Olson moved that Mr. Adams be allowed to build his swinming pool as proposed; that ownership of the subject property be retained by the City; that the conditions be incorporated into the Agreement whereby Mr. Adams would have the first right of refusal if the City would ever elect to sell the property. The motitzi died for lack of a second. Following additional discussion, C ouux:il,• on motion of Council Member Snider, Olson second, agreed to enter into a lease agreement with Mr. Stewart C. Adams, Jr., whereby the City agrees to lease to Mr. Adams a portion of Well 17 site parcel and directed the City Attorney to work with Mr. Adam to formulate the terms of the subject agreement so as to protect both parties involved. The motion carried by unanimous vote. �J North 10, 1983 Mr. Stewart C. Adams, Jr. ftrtz, Adams, Horstmiam t clunks 121 West Pine 1Sreet Lodl, CA 95240 Dear Bud: Stm ILL Property at Weal i 17 Site I how reviewed your request of March 2. 1983, with the Commity Development Director and it is our feeling that we carmt recons *. selling any portion of our Well 17 site. The resson behind this position Is that the present site is the min1mum size lot for R-1 son Iirg. if we sold a portion of this lot as regwsted, and It the well should have to be abandoned in the future, the City would be left trith a sub -standard building lot. As l Indicated to you previously, and as pointed out under our pna- fent agreement, the City cannot allow any permanent encroachment of _ this property. If you have any questions concerning this matter, please contact ms. Sincerely, .heck L. Ronsko Public Works Director cc: Coman I ty Dsve 1 ajprm t Director City Attorney Alths 0 0 AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between the CI`.>'Y OF LODI, a� cipal corporation, herei.�after called First Party, and STEWART C. ADAMS, JR. and ROSE V. ADAMS, his wife, hereinafter called Second Party. 1. Second Party is the owner of Lot 72, as shown upon the map of Sunwest, Unit No. 2, and the First Part, is the owner of the parcel of the real property immediately to the south and adjacent thereto and situated at the corner of Evert Court and Vine Street, all as shown on the plat attached hereto as Exhibit "A" entitled "Well No. 17" attached hereto and by this reference made a part hereof. 2. The property covered by this Agreement is the area that is cross -hatched on said Exhibit "A", indicating "Subject Area". 3. First Party hereby gives Second Party the right to use and occupy the subject area on a year-to-year basis, subject to the terms and conditions herein set forth. 4. Second Party agrees to pay First Party the annual sum of $1.00 per year on July 1 with the understanding that this Agreement shall continue fro -in July l to July 1 of each year and shall be automatically extended on a year-to-year basis until terminated as hereinafter provided. 5. Second Party may forthwith construct and maintaia upon the leased premises such portion of Second Party's proposed swimming pool facilities as is determined by Second Party. 6. In the event First Party shall hereafter determine to abandon Water Well Site No. 17 as a municipal water supply pumping station, and elect to sell the subject property, First Party shall notify Second Party, in writing, of its intention so to dc�. Said property shall then and thereupon be ;appraised by an independent real estate appraiser mutually agreeable to First Party and Second Party. at the equal expense of the parties; Second Party shall then have the first right and option to purchase the subject property from First Party for the appraised "bare lot" value, in cash, within sixty (60) days of receipt of said appraisal. First Party, upon purchase by Second Party of the subject property, shall forthwith properly seal and cap the existing Water Well, remove First Party's improvements, and restore said property to a buildable site. -1- 7. In the event Second Party shall elect not to purchase the subject property at the appraised value with --i said sixty-day period, First Party may sell the same co any person or party on such terms and conditions as First Party shall deem proper and meet. Upon sale of the subject property by First Party to a party other than Second Party, First Party shall forthwith notify Second Party in writing of the name and address of the purchaser. 8. In the event Second Party cannot come to an agreement with the purchaser for continued use of the leased premises, or such portion thereof improved with Second Party's swimming pool facilities, within sixty (60) days of receipt of notice of the name and address of the purchaser, Second Party shall forthwith remove the swimming pool facilities from the leased premises at Second Party's sole cost and expense, and surrender possession of the leased premises to the purchaser. 9. Second Party shall indemnify and hold First Party free and harmless from and/or against ''any suit, action, claim or demand arising out of the injury to any person in or about the leased premises, caused by any act or admission of Second Party, their servants, agents, employees, licensees and inv?.teas, or caused by any defect in or about said leased premises, whether_ due to the negligence of Second Party or otherwise, Second Party hereby acknowledging that all dangerous places and defects on said premises are known, and are to be made secure and kept in such condition by Second Party. S-zcond Party shall obtain and pay the premium for a policy of insurance covering injuries to persons or property in or about the leased premises, with limits of not less than $300,000.00 for injuries to persons or damages to property. Said policy or policies shall be kept and maintained in full force and effect by Second Party during the term of this lease, and said policy or policies shall have an endorsement thereto attached naming First Party as an additional insured'. Second Party shall deliver to First Party a copy of any such policy or policies or a certificate indicating coverage under said policy or policies. 10. This Agreement may be assigned by Second Party to any successor/owner of Lot 72 without the prior written consent of First Party, provided, however, that the said successors, heirs, or assigns shall allree to be bound by all of the terms, provisions and conditions of this Agreement. 11. Each of the parties hereto reserves the right to terminate this Agreement for any reason whatsoever upon the giving of a ninety -day notice in writing to the other party. -2- u 12. In the event that any possessory interest tax is levied by the San Joaquin County Assessor's Office, the amount of said tax shall be paid by Second Party. 13. First Party and Second Party agree to the recording of this Agreement in the San Joaquin County Recorder's Office. 14. Upon the execution of this Agreement, the Agreement approved by the Lodi City Council on August 2, 1978 by and between First Party and Second Party to this Agreement, which allowed for utilization of said Well 17 property, is revoked. IN WITNESS WHEREOF, their hands as of the day written. FIRST PARTY CITY OF LODI, a municipal corporation Henry A. Glaves, City Manager Attest: Alice M. Reimche City Clerk the parties hereto have set and year first hereinabove -3- SECOND PARTY Stewart C. Adams, Jr. Rose V. Adams CITY OF LODI • • PUBLIC WORKS DEPARTMENT WELL NO. l7